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TREASURE IMPORTS v. HENRY AMDUR & SONS

No. 207.

127 F.2d 3 (1942)

TREASURE IMPORTS, Inc., v. HENRY AMDUR & SONS, Inc., et al.

Circuit Court of Appeals, Second Circuit.

March 9, 1942.

Attorney(s) appearing for the Case

Harry Price, of New York City, for plaintiff-appellant.

Howard F. Mahon, of New York City, for defendant-appellee Rudolph Bros., Inc.

Abraham Moscowitz, of New York City, for defendants-appellees Ralph Josephson and Louis Solomon Josephson, doing business under the name of Kobe Import Co.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

C. E. CLARK, Circuit Judge.

This is an appeal from a judgment in a combined trade-mark infringement and unfair competition case. The plaintiff, Treasure Imports, Inc., established both claims to the satisfaction of the district court, which ordered an accounting before a special master. The latter found no unfair competition, however, and found relatively small damages for infringement. Upon review the court cut these damages further, and, reversing its prior finding...

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